ABC and the FCC Spar Over Lawsuit, One Decision May Come Very Soon

The battle between the FCC and the ABC that has been going on for months. Now the conflict has officially gone from the court of public opinion to actual court following Disney filing a lawsuit against the FCC. Now the lawsuit itself is the focus of the conflict.

What's Happening:

• Disney/ABC recently filed a lawsuit against the Federal Communications Commission following the FCC's requirement that several Disney owned ABC station seek early renewal of their license.
• ABC has accused the FCC of violating its First Amendment Rights, claiming the early renewal is a result of the FCC not liking the content of certain ABC shows, including The View and Jimmy Kimmel Live!
• While courts can frequently be slow moving, Deadline reports that ABC is pushing for an expedited response to an injunction it filed, asking the court to hold the FCC's license renewal request. It's asking for a hearing as early as this Friday or early next week.
• The FCC, however, is not standing still. It has written that it plans to file a motion to dismiss the lawsuit entirely. It cites two different grounds for the dismissal:
  • First, that the wrong court is hearing the case. ABC filed its lawsuit in the District Court of Washington D.C. the FCC argues that the D.C. Circuit Court of Appeals is the proper venue for the case.
  • Secondly, the FCC argues that the lawsuit has been filed too soon, that the company should wait until the FCC's administrative process plays out and makes a determination prior to suing.
• Both sides appear ready to proceed with the early dates, so a ruing could be made very soon.

Support for Disney in Battle with the FCC:

• The ACLU recently sent a letter to Disney CEO Josh D'Amaro expressing support.
• At least one commissioner at the FCC also believes the organization has gone to far in its fight with ABC.
• Following a public comment period, ABC has claimed that the vast majority of the public support the network.